CONSUMER ADVICE
MARKING out a boundary, creating a screen to cover a fence or wall, or part of your own garden – tall trees and high hedges can sometimes cause problems between neighbours.
Complaints of overhanging branches, conifers blocking out the light or unwelcomed falling leaves in the garden are all too common, and if left to escalate, may create ill feeling between the two parties.
There is lots of advice available if you find yourself in a situation where greenery is making you see red!
Make sure you remain calm when dealing with your neighbour and familiarise yourself with the law surrounding tackling overhanging branches and trees. Try and talk through the problem in the first instance.
If your property shares a boundary with a neighbour's property, there are a few aspects of the law (and good neighbourliness) to bear in mind when growing trees/hedges.
Here’s a quick run through:
- You have a common law right to cut back tree branches that overhang onto your property. It’s best to talk to your neighbour about any trees / hedges you wish to cut back before doing so. The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
- Don’t just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.
- When it comes to fruit on trees, even if they are growing on branches which overhang your property, the fruit still belongs to your neighbour. You are therefore effectively stealing if you pick these for yourself without your neighbour’s permission.
- Be careful to check if any trees are subject to a preservation order - your local authority will be able to tell you this. If you cut down a tree with a preservation order, you will be guilty of an offence under section 210 or 211 of the Town and Country Planning Act 1990.
- A tree belongs to whoever owns the property upon which the tree trunk originally grows, even if the branches or roots have begun to spread onto another property. The owner has a duty to maintain this tree so that it does not cause a hazard. Therefore if branches are broken and hanging precariously, the owner should remove these.
- Finally, if you choose to cut down overhanging branches, or trim trees, you will have to pay for the cost of doing so yourself. Try speaking to your neighbour however as you may be able to reach some sort of agreement in relation to any gardening work required, though they are not obliged to contribute to this cost. You are not entitled to access to your neighbour's property to enable you trim the branches on your side of the boundary without their permission.
If you are considering this cause of action – or even have trees on your own property which need attention – if may pay to call in the experts if the project is something you don’t feel able to confident to tackle yourself.
Safe Local Trades has a number of recommended and vetted tree surgeon members on our register and you can view each of their member profiles, details and read feedback left by previous customers before making contact with them.
To do this, please use the following steps:-
- Select 'Tree Surgeons' from the drop-down list on the top right of this page
- Enter your Postcode and click the Go button
The results window will display the chosen members details – simply click on the View Members Full Profile button to see their full profile, the services they offer and their genuine customer reviews.
If you do decide to call any of them, we would be grateful if you could mention that you got their details from Safe Local Trades.
If we can be of any further assistance, please do not hesitate to contact us about this or any of our other services which may benefit you in your new home.
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